Legal Question in Workers Comp in California

I will not be able to do my old job. (shoulder surgery) While I am still off of work going to physical therapy and on workman's comp. Can I apply for a new job with a different company with out the physical requirements? WillI Still be covered by insurance until I am back to normalish. Thanks in advanced.

Asked on 5/19/13, 2:56 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

You are permitted to look for a new job while getting Temporary Total Disability payments, BUT YOU ARE NOT PERMITTED TO WORK AND COLLECT Temporary Total Disability payments.

THAT is criminal fraud.

"On Workmans Comp" actually means a doctor wrote to the insurer you cannot perform your old job duties and the new job refusese to make a special job for you, making you Totally Disabled for a limited period.

Totally Disabled = no work for anyone, any where.

If you get a new job and work the new job and then your doctor writes you have increased pain complaints, THE COMP INSURER WILL SUE YOUR NEW JOB for 'contribution'.

And your new boss won't like you much.

so: LOOK AROUND for a new light job, but don't actually start the new job until the day after the treating physician writes you are at Maximum Medical Improvement (some old-timers use the phrase Permanent & Stationary...means the same).

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Answered on 5/20/13, 9:59 am

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